The procedure for filing for divorce for the wife (the procedure to file a wife’s divorce to the husband) is related to the documents and letters you must prepare.
If you (Wife) think that your household is untenable then decide to file a divorce lawsuit, the first thing you can do is to register a Divorce Lawsuit.
For you Muslims, this lawsuit can be stated in the Religious Courts (Article 1 Chapter I General Provisions of Government Regulation No. 9/1975 on Implementation of Law No. 1 of 1974 on Marriage).
Procedures / Conditions of Filing Divorce Letter to Husband
Procedures / Conditions of Filing Divorce Wife To Husband can you note that you can get the information in accordance with what you need.
Where Is Your Divorce Lawsuit Submitted?
If you are registering a divorce suit, that means you are the Plaintiff’s subsequent husband then called by the Defendant.
Make a divorce suit, you or your divorce lawyer (if you use a divorce lawyer) visit the Religious Court (PA) at the location where you live
When you reside abroad, divorce papers are registered at the Religious Courts where your husband is resident
If you and your husband are both resident overseas, the divorce filing is filed with the Religious Courts at the location where you both married, or to the Central Jakarta Religious Court (which is set forth in Article 73 of Law 7/89 on Religious Courts)
Reasons for Filing Divorce
Reasons that can be made into the basis of divorce filings in the Religious Courts are:
Your husband is proven to have done persecution such as adultery, drunkenness, gambling and more;
Your husband has left you at least two years continuously without any permission or a bright and valid invasion, this means: your husband is consciously or intentionally leaving you
Your husband is sanctioned for five years or more after marriage
Your husband is cruel and often persecutes you both physically and non physically (hitting and slandering)
The husband can not fulfill his duties as a husband due to physical disability and illness that menderanya
There was a continuous commotion or dispute with no way out to return to life in harmony
Your husband has deliberately legitimately violated the verbal texts he uttered during a consent
Husbands change religion alias apostasy that causes disharmony in the household.
(Article 116 of the Compilation of Islamic Law jo Article 19 of PP No. 9 of 1975)
Witnesses and Evidence
You and your divorce lawyer are required to provide evidence in court containing the truth of the reason you have submitted using:
Copy of Judgment of the Court, if the reason used is the husband is subject to imprisonment for 5 years or more (Article 74 of Law No. 7/1989 jo KHI article 135).
Letter from expert examination (Doctor) on orders from court, if the reason you filed for divorce because the husband was exposed to physical disability or illness that resulted in not being able to perfect his obligations (article 75 of Law 7/1989)
Confession rather than witness, whether it comes from the family or the nearest person who knows exactly the dispute between you and your husband (Article 76 of Law 7/1989 jo article 134 KHI).
Required Documents You set up
The original Marriage Letter
Photocopy of Marriage Letter 2 (two) sheets, each stamped, then legalized
Photocopy of Birth Certificates of children (if having children), stamped, and legalized
Photocopy of identity card (ID) of the Plaintiff (wife)
Copy of Family Card (KK)
If at the same time the filing of a divorce is filed then you are filing a lawsuit involving joint property, then it is obligatory to prepare proof of ownership certificate such as:
Certificate of land (if the certificate of tana on behalf of the plaintiff or the applicant)
Letter of BPKB (Proof of Motor Vehicle Ownership)
Vehicle registration letter (Letters of Vehicle Number) for motor vehicle
Receipts in the form of letters of sale
And so forth.
Therefore, it is really important to put the important letter you have in a safe place.
Contents of Divorce Submission Letter
The identity of both parties (Plaintiff and Defendant) as well as persona standi in judicio, containing your husband’s name and yourself complete with bin-binti, age, address, is set forth in article 67 (a) of Law no. 7/1989. The identity of these parties also comes with information relating to religion, profession and citizenship status
Posita (the reason why sued) Named also with Fundamentum Petendi, which contains a chronological description (sequence of events) since the start of your marriage with your husband held,